Illinois Central Railroad v. Fitzpatrick
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. A. H. ChETlain, Judge, presiding. Esther Fitzpatrick, as administratrix of the estate of James T. Fitzpatrick, brought an action of case against the Illinois Central Railroad Company for wrongfully and negligently causing the death of her brother, James T. Fitzpatrick.
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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. A. H. ChETlain, Judge, presiding. Esther Fitzpatrick, as administratrix of the estate of James T. Fitzpatrick, brought an action of case against the Illinois Central Railroad Company for wrongfully and negligently causing the death of her brother, James T. Fitzpatrick. Plaintiff below recovered a judgment for $5000 in the superior court of Cook county, which has been affirmed by the Appellate Court for the First District. The Illinois Central Railroad Company…
1Opinion of the CourtJustice Vicicers
Without entering into any discussion of the evidence, it is manifest from the foregoing statement that the court did not err in refusing to direct a verdict for appellant.
At the instance of appellee the court gave the jury the following instruction:
“The court instructs1 the jury, as a matter of law, that the risks assumed by the servant of the master are the ordinary and usual risks incident to his employment, and that ‘ordinary’ and ‘usual’ risks of his employment include only such risks as cannot be obviated by the master’s employment of a reasonable measure of precaution; and you are…
2Cases cited3 opinions
- O'Maley v. South Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1893
- Chicago & Eastern Illinois Railroad v. HeereyIllinois Supreme Court · 1903
- Drake v. Auburn City Railway Co.New York Court of Appeals · 1903
3Cited by9 opinions
- Devine v. DelanoIllinois Supreme Court · 1916
- Klofski v. Railroad Supply Co.Illinois Supreme Court · 1908
- Ross v. Chicago, Rock Island & Pacific Railway Co.Illinois Supreme Court · 1909
- Schuman v. Bader & Co.Appellate Court of Illinois · 1922
- Damrow v. Sanitary DistrictAppellate Court of Illinois · 1912
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